Professional Canadian human rights complainer Richard Warman launched an all-out judicial assault upon the conservative Canadian blogosphere on April 7th, 2008 when he filed suit against five noted conservative Canadian bloggers. Hat tip to Overthrow.com editor Bill White for tipping me off to this development. Another mainstream source of information is MichelleMalkin.com.
Click HERE to read the 23-page suit in PDF format.
The five defendants named include:
(1). The National Post and Jonathan Kay. Main website page HERE, blog HERE.
(2). Ezra Levant. Related post HERE.
(3). Kathy Shaidle of FiveFeetOfFury.com. Related post HERE.
(4). FreeDominion.ca. Related thread HERE.
(5). Kate McMillan of SmallDeadAnimals.com. Related post HERE.
Because of the multitude of websites involved, I think it most appropriate to visit their websites and read their stories for yourselves. Start out with Ezra Levant's post; it contains the most detail and reveals the fine hand of the Canadian Jewish Congress behind the scenes (Levant, being Jewish himself, understands the CJC role better than most Canadians). Kathy Shaidle also points out in her post a potential threat against American bloggers. Indeed, Richard Warman attempted to get Bill White's Overthrow site shut down and White himself extradited to Canada for judicial action in 2007.
Richard Warman's demands, as spelled out on page three of the suit:
(1). Damages for libel, together with punitive and aggravated damages in the sum of $50,000.
(2). A full and unqualified apology and retraction of the defamatory statements made by the defendants as set out in this statement of claim.
(3). Pre-judgment pursuant to the Courts of Justice Act.
(4). Post-judgment pursuant to the Courts of Justice Act.
(5). His [Warman's] costs of this proceeding on a substantial indemnity scale together with applicable taxes thereon; and
(6). Such further relief as this Honourable Court deems just.
Richard Warman's allegations, a total of 63 individual allegations organized into seven different categorical allegations. The seven categorical allegations are as follows:
(1). False Allegation that Mr. Warman authored and published racist and bigoted Internet postings. Note: The discovery process could force Warman to admit that he posted racist messages on white nationalist websites under an alias, as alleged on the FreedomSite blog. This revelation would undermine if not destroy this allegation altogether.
(2). Libels by Mark and Constance Wilkins-Fournier and Freedominion.ca.
(3). Republication and further libels by Defendants Catherine McMillan and Smalldeadanimals.com
(4). Republication of the Freedominion Post and further libels by the defendants Kathy Shaidle and Fivefeetoffury.com
(5). Republication of the FreedominionPost and further libels by the defendant Ezra Levant.
(6). Libel of the National Post and Jonathan Kay.
(7). Further allegation as against all defendants.
This is widely perceived as just another nuisance suit by Richard Warman, who makes his living off the proceeds received in court from defendants who lose. One of the local Canadian experts on Warman is longtime Canadian patriot and activist Paul Fromm, who happens to be the most notable victim of the Canadian Human Rights Tribunals (CHRT) normally used by Warman to quash free speech in Canada. Fromm has tracked the cases heard by the CHRT, and provides a statistical sketch of their results on the Freedom-Site, operated by the Canadian Freedom Resource Center:
The Canadian Human Rights Tribunal
Active and Past cases: 46
Cases the tribunal ruled on: 37
Total complaints received by CHRC: 100
- 0% of respondents have ever won a section 13 case before the tribunal.
- 100% of cases have Whites as respondents
- 98% of cases have poor or working class respondents
- 90.7% of respondents are not represented by lawyers
- So far, $93,000 has been awarded in fines and special compensation since 2003.
- 35 respondents have lifetime speech bans (Cease and Desist) orders and if not followed the victims could face up to 5 years in prison.
- 72.4% of complaints specifically identify "jews" as victims.
- 48.8% of all cases are by Richard Warman
Every Decision on Section 13 case (Active and Past cases), in PDF format.
And just what is this infamous "Section 13", anyway? Section 13 of the Canadian Human Rights Act is designed to prevent the public communication of hate. This section has been the source of constant dispute, since the very definition of "hate" itself has been disputed. Here's the text of Section 13 itself:
13.(1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.
(3) For the purposes of this section, no owner or operator of a telecommunication undertaking communicates or causes to be communicated any matter described in subsection (1) by reason only that the facilities of a telecommunication undertaking owned or operated by that person are used by other persons for the transmission of that matter.
R.S., 1985, c. H-6, s. 13; 2001, c. 41, s. 88
Why should we as Americans be concerned about this? Because free speech is already eroding in this country under the pressure of hate crimes publicity. Speech codes already prevail at numerous college campuses around the United States. Corporations restrict free speech to act as proxy enforcers of political correctness. Street preachers have been arrested for defending their faith publicly. An essay by Truthtellers' Harmony Grant outlines 11 reasons why we should oppose hate crime laws. The twelfth reason - so that American bloggers won't end up defending themselves against the Richard Warman wannabes in our midst.